PRINTER'S NO. 1364
No. 1186 Session of 1989
INTRODUCED BY McNALLY, MORRIS, TIGUE, JOSEPHS, KUKOVICH,
GIGLIOTTI, BLAUM, ROBINSON, VAN HORNE, VEON, KOSINSKI,
McVERRY, REBER, PISTELLA AND BORTNER, APRIL 17, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 1989
AN ACT
1 Providing for the recognition and enforcement of money judgments
2 obtained in another country.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Uniform
7 Foreign Money Judgment Recognition Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Foreign government." Any governmental unit other than the
13 United States, or any state, district, Commonwealth, territory
14 or insular possession thereof, or the Panama Canal Zone, the
15 Trust Territory of the Pacific Islands, or the Ryukyu Islands.
16 "Foreign judgment." Any judgment of a foreign government
17 granting or denying recovery of a sum of money, other than a
1 judgment for taxes, a fine or other penalty, or a judgment in
2 matrimonial or family matters.
3 Section 3. Recognition and enforcement.
4 Except as provided in sections 4 and 5, a foreign judgment
5 meeting the requirements of section 9 is conclusive between the
6 parties to the extent that it grants or denies recovery of a sum
7 of money. The foreign judgment is enforceable in the same manner
8 as the judgment of another state which is entitled to full faith
9 and credit.
10 Section 4. Grounds for nonrecognition.
11 A foreign judgment need not be recognized if:
12 (1) the defendant in the proceedings in the foreign
13 court did not receive notice of the proceedings in sufficient
14 time to enable him to defend;
15 (2) the judgment was obtained by fraud;
16 (3) the cause of action or claim for relief on which the
17 judgment is based in repugnant to the public policy of this
18 Commonwealth;
19 (4) the judgment conflicts with another final and
20 conclusive judgment;
21 (5) the proceeding in the foreign court was contrary to
22 an agreement between the parties under which the dispute in
23 question was to be settled otherwise than by proceedings in
24 that court; or
25 (6) in the case of jurisdiction based only on personal
26 service, the foreign court was a seriously inconvenient forum
27 for the trial of the action.
28 Section 5. Nonconclusive judgments.
29 A foreign judgment is not conclusive if:
30 (1) the judgment was rendered under a system which does
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1 not provide impartial tribunals or procedures compatible with
2 the requirements of due process of law;
3 (2) the foreign court did not have personal jurisdiction
4 over the defendant; or
5 (3) the foreign court did not have jurisdiction over the
6 subject matter.
7 Section 6. Personal jurisdiction.
8 The foreign judgment shall not be refused recognition for
9 lack of personal jurisdiction if:
10 (1) the defendant was served personally in the foreign
11 state;
12 (2) the defendant voluntarily appeared in the
13 proceedings, other than for the purpose of protecting
14 property seized or threatened with seizure in the proceedings
15 or of contesting the jurisdiction of the court over him;
16 (3) the defendant, prior to the commencement of the
17 proceedings, had agreed to submit to the jurisdiction of the
18 foreign court with respect to the subject matter involved;
19 (4) the defendant was domiciled in the foreign state
20 when the proceedings were instituted, or, being a body
21 corporate, had its principal place of business, was
22 incorporated or had otherwise acquired corporate status in
23 the foreign state;
24 (5) the defendant had a business office in the foreign
25 state and the proceedings in the foreign court involved a
26 cause of action or claim for relief arising out of business
27 done by the defendant through that office in the foreign
28 state;
29 (6) the defendant operated a motor vehicle or airplane
30 in the foreign state and the proceedings involved a cause of
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1 action or claim for relief arising out of such operation; or
2 (7) the courts of this Commonwealth recognize other
3 bases of jurisdiction.
4 Section 7. Stay in case of appeal.
5 If the defendant satisfies the court either that an appeal is
6 pending or that he is entitled and intends to appeal from the
7 foreign judgment, the court may stay the proceedings until the
8 appeal has been determined or until the expiration of a period
9 of time sufficient to enable the defendant to prosecute the
10 appeal.
11 Section 8. Savings clause.
12 This act does not prevent the recognition of a foreign
13 judgment in situations not covered by this act.
14 Section 9. Applicability.
15 This act shall apply to any foreign judgment that is final
16 and conclusive and enforceable where rendered, even though an
17 appeal therefrom is pending or it is subject to appeal.
18 Section 10. Effective date.
19 This act shall take effect in 60 days.
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